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One of the best ways to protect yourself in the event of a divorce is creating a prenuptial agreement before entering into a marriage contract. A prenup is a legal document that can determine certain aspects of a divorce, such as the distribution of marital assets, if the marriage ever ends. A prenup can give you peace of mind as you head to the altar. If you wish to discuss a prenup with an experienced Mountain View prenuptial agreement lawyer, contact Schoenberg Family Law Group for a consultation. We are a prominent family law firm in Santa Clara County that can help you create, review, or enforce a prenup.
A prenuptial agreement is a legally binding contract that creates certain parameters for divorce if the couple should ever want to end their union. It is an agreement that is created before the couple gets married. A prenup can protect the rights of one or both spouses in the event of a divorce. The terms of the contract will automatically go into effect if the couple decides to dissolve their marriage. There are also postnuptial agreements, which serve the same purpose but are created and signed after the couple gets married.
A prenuptial agreement in Mountain View can include terms for many different aspects of a divorce, most of which have to do with property and debt division. Some of the most common terms include:
Most couples use prenuptial agreements to resolve complicated issues before they are even considering divorce, when the couple is amicable and can make these decisions without conflict.
There are many things prenuptial agreements lawfully cannot include in California. A prenuptial agreement cannot contain terms that require a spouse to:
A prenuptial agreement might be beneficial for you and your spouse if you have significant or high-value assets that you are bringing into the marriage. Your prenup can help protect you from California’s property division law, which divides all marital property in half – 50/50 – if your case goes to court, regardless of whether you contributed more to the marital estate than your spouse. You can divide your property in a different way by outlining your terms in a prenup.
For professionals, executives, and founders in Mountain View, a prenuptial agreement is an essential business tool. Under California’s standard community property framework, any wealth, business growth, or equity generated through your personal labor during the marriage is considered community property – equally owned by both spouses – regardless of whose name is on the stock certificate.
A poorly structured agreement can result in the involuntary commingling of high-value tech compensation packages. Our legal team designs tailored premarital agreements that explicitly protect:
By defining exactly what constitutes separate property from day one, you establish clear financial expectations and protect your professional lifecycle from a mandatory 50/50 split by the court.
Enforceability Mandates Under California Law: Under the California Uniform Premarital Agreement Act (UPAA), the court will closely examine the timeline of how your prenup was executed. Under California Family Code Section 1615, the party being presented with the agreement must be given a minimum of seven calendar days to review the final draft before signing it; any material changes to financial terms will instantly restart this seven-day clock. Furthermore, if your prenuptial agreement contains a waiver or limitation of spousal support (alimony), California law strictly dictates that the party waiving that support must be actively represented by an independent attorney at the time of signing—otherwise, that entire waiver is legally void.
In California, a prenuptial agreement is only valid and legally enforceable if it is in writing and voluntarily signed by both parties (not under duress, coercion or fraud). The signing party must have also received complete information about the other spouse’s assets, had at least a week to review the agreement before signing and had the opportunity to be represented by a separate attorney.
If you wish to have a prenuptial agreement drawn up before your marriage in Mountain View, contact a prenup attorney for professional assistance. If you make a mistake with the paperwork or California’s legal requirements, you may find that your prenup is invalid when you try to enforce it in court during a divorce. Contact Schoenberg Family Law Group for a consultation about a prenuptial agreement in Mountain View today.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
A prenuptial agreement can be declared invalid by a California judge if it is proven that a spouse signed it under duress, coercion, or fraud. Additionally, an agreement will be voided if there was a lack of full and transparent financial disclosure, if the mandatory seven-day review period was violated, or if a spousal support waiver was signed without independent legal counsel.
Tech stocks and unvested Restricted Stock Units (RSUs) are considered highly volatile assets that, without a prenup, are subject to complex community property division rules upon divorce. A prenuptial agreement allows Mountain View tech workers to explicitly define unvested equity, future grants, and stock appreciation as separate property, completely bypassing California's standard 50/50 allocation formulas.
No, a single attorney cannot legally or ethically represent both spouses during the creation of a prenuptial agreement due to the inherent conflict of interest. To maximize the enforceability of the contract, both prospective spouses must retain independent legal counsel to review the disclosures, explain the terms, and execute the final agreement.
Yes, you can limit or completely waive spousal support in a California prenuptial agreement, but the law places strict conditions on these provisions. For a spousal support waiver to be valid, the party giving up their right to support must have been represented by an independent attorney, and the provision cannot be deemed "unconscionable" or overwhelmingly unfair by a judge at the time of enforcement.
It is highly recommended to begin drafting a prenuptial agreement at least two to three months before your wedding date. Due to California's strict mandatory seven-day review period and the extensive time required to gather complete financial disclosures, rushing the process right before the wedding can create vulnerabilities that expose the agreement to claims of marital coercion.
No. California courts strictly prohibit prenuptial and postnuptial agreements from containing terms regarding child custody, visitation schedules, or child support calculations. The state retains ultimate jurisdiction over children and will always make custody decisions based explicitly on the child's best interests at the time of a parental split. Child support will be calculated based on a formula that considers several factors, including custody.
